Kimberly Prost | |
---|---|
Judge of the International Criminal Court | |
Assumed office 11 March 2018 | |
Nominated by | Canada |
Appointed by | Assembly of States Parties |
Chef de Cabinet to the President of the International Criminal Court | |
In office 2016–2018 | |
Ombudsperson of the UN Security Council Al-Qaida Sanctions Committee | |
In office 2010–2015 | |
Judge of the International Criminal Tribunal for the former Yugoslavia | |
In office 3 July 2006 –31 March 2010 | |
Personal details | |
Born | June 4,1958 |
Kimberly Prost (born June 4,1958) is a Canadian jurist currently serving as a judge of the International Criminal Court,assigned to the Trial Division. [1] She was elected to a nine-year term on December 5,2017,was sworn in on March 9,2018,and assumed full-time duty on June 11,2018. [2] [3] [1]
Prost grew up in the Fort Rouge neighbourhood of Winnipeg;her mother was a homemaker and her father a brewery worker and hotel owner. [4] Prost attended high school in Winnipeg at St. Mary's Academy. [5]
Prost graduated as a gold medalist from the Faculty of Law at the University of Manitoba. She joined the Canadian Department of Justice in 1982 and worked for five years at the Winnipeg regional office as a federal prosecutor. In 1987,she joined the Department of Justice’s Crimes against Humanity and War Crimes Unit in Ottawa,and worked as head of the Baltic team on possible prosecutions for genocide,war crimes and crimes against humanity. In 1990,she took a position within the International Assistance Group,which acts as Canada's central authority for international cooperation on criminal matters,and was named the Director of the organization in 1994. As Director of the IAG,she participated in the negotiation of over 40 bilateral extradition and mutual Legal Assistance treaties for Canada with other countries.
She joined the Canadian delegation for the negotiations of the Rome Statute for an International Criminal Court and she participated in the negotiation of the related Rules of Procedure and Evidence. She was on the Canadian delegation to the Ad Hoc Committee for the negotiation of the United Nations Convention against Transnational Organized Crime and the UN Convention against Corruption.
From 2000 to 2005 Prost served in the Commonwealth Secretariat,as Head of the Criminal Law Section and Deputy Director of the Legal and Constitutional Affairs Division. She ran an intensive pan-Commonwealth program on counter-terrorism legislation and implementation of the relevant international instruments,as well as police and prosecutor training in the investigation and prosecution of terrorism and terrorist financing. She has also managed a project which brought together experts to develop model legislation for implementation of the Rome Statute.
From 2005 to 2006 Prost managed the Legal Advisory Section of the United Nations Office on Drugs and Crime.
In 2006,Prost became an ad litem judge of the International Criminal Tribunal for the former Yugoslavia,the third Canadian to have served as a judge on the Tribunal (following Jules Deschênes and Sharon Williams). As judge on the Tribunal,Prost served on the multi-accused trial of Popovićet al. She was also a Pre-trial and Presiding Judge in the Tolimir case.
From 2010 to 2015 Prost was the first ombudsperson of the UN Security Council Al-Qaida Sanctions Committee,tasked with advising the Committee and making recommendations on requests from individuals or organizations who are subject to global sanctions,such as asset freezes and travel bans,as a result of "listing" by this committee. [6]
From 2016 until her election as a judge of the ICC,Prost was Chef de Cabinet to the President of the ICC.
In December 2017,Prost was elected by the Assembly of States Parties to the Rome Statute as a judge of the ICC,in the sixth round of voting,receiving 92 of 123 votes cast. [7] [8] [2] She is the second Canadian to serve as judge of the ICC (the first was Philippe Kirsch). [4] [9]
She is a member of the Crimes Against Humanity Initiative Advisory Council,a project of the Whitney R. Harris World Law Institute at Washington University School of Law to establish the world’s first treaty on the prevention and punishment of crimes against humanity.
The International Criminal Court is an intergovernmental organization and international tribunal seated in The Hague,Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide,crimes against humanity,war crimes and the crime of aggression. The ICC is distinct from the International Court of Justice,an organ of the United Nations that hears disputes between states.
Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes,crimes against humanity can be committed during both peace and war and against a state's own nationals as well as foreign nationals. Together with war crimes,genocide,and the crime of aggression,crimes against humanity are one of the core crimes of international criminal law and,like other crimes against international law,have no temporal or jurisdictional limitations on prosecution.
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome,Italy on 17 July 1998 and it entered into force on 1 July 2002. As of February 2024,124 states are party to the statute. Among other things,it establishes court function,jurisdiction and structure.
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide,war crimes,crimes against humanity,and the crime of aggression.
The International Criminal Court has opened investigations in Afghanistan,the Central African Republic,Côte d'Ivoire,Darfur in Sudan,the Democratic Republic of the Congo,Kenya,Libya,Uganda,Bangladesh/Myanmar,Palestine,the Philippines,and Venezuela. Additionally,the Office of the Prosecutor conducted preliminary examinations in situations in Bolivia,Colombia,Guinea,Iraq / the United Kingdom,Nigeria,Georgia,Honduras,South Korea,Ukraine and Venezuela. Preliminary investigations were closed in Gabon;Honduras;registered vessels of Comoros,Greece,and Cambodia;South Korea;and Colombia on events since 1 July 2002.
The United States is not a state party to the Rome Statute of the International Criminal Court,which founded the International Criminal Court (ICC) in 2002.
The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified,or have otherwise become party to,the Rome Statute. The Rome Statute is the treaty that established the International Criminal Court,an international court that has jurisdiction over certain international crimes,including genocide,crimes against humanity,and war crimes that are committed by nationals of states parties or within the territory of states parties. States parties are legally obligated to co-operate with the Court when it requires,such as in arresting and transferring indicted persons or providing access to evidence and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States Parties,which is the Court's governing body. Such proceedings include the election of such officials as judges and the Prosecutor,the approval of the Court's budget,and the adoption of amendments to the Rome Statute.
The ISIL (Da'esh) and Al-Qaida Sanctions Committee is a committee of the United Nations Security Council tasked with implementing international sanctions against the Islamic State and al-Qaeda. It was established as the Al-Qaida and Taliban Sanctions Committee on 15 October 1999,pursuant to Security Council Resolution 1267,which designated al-Qaeda and the Taliban as terrorist organizations. Following the creation of a separate Taliban Sanctions Committee on 17 June 2011,it was renamed the Al-Qaida Sanctions Committee. The scope of the sanctions regime was expanded to include the Islamic State on 17 December 2015 pursuant to Resolution 2253.
Daniel David Ntanda Nsereko is a Ugandan judge and legal scholar. He was a member of the Appeals Chamber of the International Criminal Court (ICC) from 2008 to 2012,and currently serves as a judge on the Special Tribunal for Lebanon.
Silvana Arbia is an Italian judge. She was previously the Registrar of the International Criminal Court. After gaining experience as a judge and prosecutor in Italy,Arbia made her international début as a Senior Trial Attorney at the International Criminal Tribunal for Rwanda.
Fatoumata DembéléDiarra is a Malian lawyer and judge. She was a judge of the International Criminal Tribunal for the former Yugoslavia (ICTY) and of the International Criminal Court (ICC).
Fatou Bom Bensouda is a Gambian lawyer and former Prosecutor of the International Criminal Court (ICC),who has served as the Gambian High Commissioner to the United Kingdom since 3 August 2022.
An atrocity crime is a violation of international criminal law that falls under the historically three legally defined international crimes of genocide,war crimes,and crimes against humanity. Ethnic cleansing is widely regarded as a fourth mass atrocity crime by legal scholars and international non-governmental organizations (NGOs) working in the field,despite not yet being recognized as an independent crime under international law.
The International Criminal Court investigation in Kenya or the situation in the Republic of Kenya was an investigation by the International Criminal Court (ICC) into the responsibility for the 2007–2008 post-election violence in Kenya. The 2007–2008 crisis followed the presidential election that was held on 27 December 2007. The Electoral Commission of Kenya officially declared that the incumbent President Mwai Kibaki was re-elected however supporters of the opposition candidate Raila Odinga accused the government of electoral fraud and rejected the results. A series of protests and demonstrations followed,and fighting—mainly along tribal lines—led to an estimated 1,200 deaths and more than 500,000 people becoming internally displaced.
The International Criminal Court investigation in the Democratic Republic of the Congo or the situation in the Democratic Republic of the Congo is an ongoing investigation by the International Criminal Court (ICC) into crimes committed in the Democratic Republic of the Congo (DRC) during the Second Congo War and its aftermath,including the Ituri and Kivu conflicts. The war started in 1998 and despite a peace agreement between combatants in 2003,conflict continued in the eastern parts of the country for several years. In April 2004 the government of the DRC formally referred the situation in the Congo to the International Criminal Court,and in June 2004,prosecutor Luis Moreno Ocampo,formally opened an investigation. To date,arrest warrants have been issued for:
The International Criminal Court investigation in Darfur or the situation in Darfur is an ongoing investigation by the International Criminal Court (ICC) into criminal acts committed during the War in Darfur. Although Sudan is not a state party to the Rome Statute,the treaty which created the ICC,the situation in Darfur was referred to the ICC's Prosecutor by the United Nations Security Council in 2005. As of June 2019,five suspects remained under indictment by the court:Ahmed Haroun,Ali Kushayb,Omar al-Bashir,Abdallah Banda and Abdel Rahim Mohammed Hussein. Charges against Bahar Abu Garda were dropped on the basis of insufficient evidence in 2010 and those against Saleh Jerbo were dropped following his death in 2013. In mid-April 2019,Haroun,al-Bashir and Hussein were imprisoned in Sudan as a result of the 2019 Sudanese coup d'état. In early November 2019,the Forces of Freedom and Change (FFC) and Sudanese Prime Minister Abdalla Hamdok stated that al-Bashir would be transferred to the ICC. One of the demands of the displaced people of Darfur visited by Hamdok prior to Hamdok's statement was that "Omar Al Bashir and the other wanted persons" had to be surrendered to the ICC.
The International Criminal Court investigation in Afghanistan or the Situation in Afghanistan is an ongoing investigation by the International Criminal Court (ICC) into war crimes and crimes against humanity that are alleged to have occurred during the war in Afghanistan since 1 May 2003,or in the case of United States Armed Forces and the CIA,war crimes committed in Afghanistan,Poland,Romania or Lithuania. On 5 March 2020,the investigation was authorised to officially begin.
Al-Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud is a Malian Islamist militant and convicted war criminal who joined Ansar Dine in early 2012 and became an interpreter and administrator of the Islamic police in Timbuktu during the Northern Mali conflict. Al-Hassan was tried in the International Criminal Court on the charges of crimes against humanity and war crimes carried out during 2012 and 2013,including rape and sexual slavery under Article 8 2.(e)(vi) of the Rome Statute of the ICC. He was convicted on 26 June 2024 of some of the war crimes and crimes against humanity charges,including torture,mutilation and cruel treatment. He was acquitted of the rape and sexual slavery charges.
An investigation by the International Criminal Court (ICC) to analyze possible crimes against humanity committed in Venezuela was opened in 2021. A preliminary examination was initially opened in 2006,and closed after concluding that the requirements to start an investigation had not been met. In February 2018,the ICC announced that it would open preliminary probes into alleged crimes against humanity performed by Venezuelan authorities since at least April 2017. In 2020,the Office of the Prosecutor of the ICC stated that it believed there was a "reasonable basis" to believe that "since at least April 2017,civilian authorities,members of the armed forces and pro-government individuals have committed the crimes against humanity",and on 2021 ICC Prosecutor Karim Khan announced the opening of an investigation regarding the situation in the country.
The International Criminal Court investigation in Ukraine or the Situation in Ukraine is an ongoing investigation by the Prosecutor of the International Criminal Court (ICC) into "any past and present allegations of war crimes,crimes against humanity or genocide committed on any part of the territory of Ukraine by any person" during the period starting "from 21 November 2013 onwards",on an "open-ended basis",covering the Revolution of Dignity,the Russo-Ukrainian War including the 2014 annexation of Crimea by Russia,the war in Donbas and the Russian invasion of Ukraine. The ICC prosecutor commenced these investigations on 2 March 2022,after receiving referrals for the situation in Ukraine from 39 ICC State Parties.